Skip to main navigation Skip to search Skip to main content

Good governance and judicial review in Hong Kong

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review

Abstract

According to some scholars, one of the features of good governance is that laws are well respected, which means that government should exercise its administrative power based on existing laws, on the one hand, and all people should respect the relevant laws, on the other hand. This should also be the spirit of the rule of law. Against this background, it is true that judicial review is a good process to ensure that government decisions or actions comply with the relevant laws. In Hong Kong, there is an increasing tendency towards judicial review cases. It has been estimated that there are over 100 cases per year. Would this increase in cases serve as an unnecessary burden on the courts? Certainly, it is also legitimate to ask the intention of a possible judicial review — that is, whether these judicial review cases are based on political motivation to hinder the proper governmental actions or to delay the bills relating to people's livelihoods? This article tries to address these issues and to propose that, on the one hand, the government should be more prudent in its decision-making process, and, on the other hand, that there should be a mechanism to prevent judicial review from being abused.
Original languageEnglish
Pages (from-to)398-419
JournalChinese Journal of Comparative Law
Volume5
Issue number2
Online published25 Sept 2017
DOIs
Publication statusPublished - 1 Oct 2017

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Research Keywords

  • Abuse
  • Good governance
  • Judicial review

Fingerprint

Dive into the research topics of 'Good governance and judicial review in Hong Kong'. Together they form a unique fingerprint.

Cite this